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OLSHAN FOUNDATION REPAIR AND WATERPROOFING v. OTTO

No. 2007-CA-002008-MR.

276 S.W.3d 827 (2009)

OLSHAN FOUNDATION REPAIR AND WATERPROOFING, d/b/a Olshan Foundation Repair Co. of Oki, LP, Appellant, v. Jodi OTTO and Fred Otto, Appellees.

Court of Appeals of Kentucky.

January 16, 2009.

Attorney(s) appearing for the Case

Christopher R. McDowell, Richard P. Corthell, Cincinnati, OH, for appellant.

Robert E. Blau, Zachary S. Smith, Cold Spring, KY, for appellees.

Before STUMBO and THOMPSON, Judges; GUIDUGLI, Senior Judge.

OPINION

STUMBO, Judge.

Olshan Foundation Repair and Waterproofing, d/b/a Olshan Foundation Repair Co. of OKI, LP (hereinafter "Olshan") appeals from an order of the Campbell Circuit Court denying its motion to compel arbitration and stay an action brought by Fred Otto and Jodi Otto ("the Ottos"). Olshan contends that the circuit court erred in concluding that the Ottos were not parties to a contract with Olshan and did not agree to arbitration. For...

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